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'File A/9 I Bahrain Order in Council' [106r] (230/536)
The record is made up of 1 volume (258 folios). It was created in 2 Dec 1895-31 Oct 1918. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
Political
Agency
An office of the East India Company and, later, of the British Raj, headed by an agent.
, the
Political Agent
A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency.
shall enquire from the several parties whether
they desire tha proceedings shall be instituted in accordance with the Code of CiyQ
Procedure and the Indian enactments made applicable to Bahrein, or in accordance
with local usage, and shall record their replies. ct^uiudiice
37. When any of the several parties desire that the suit shall be determined in
accordance with the Code of Cml IWduro and other enactments made applicable
to Bahrein, the District Court shall forthwith proceed to decide the suit in accordance
with the provisions of such enactments, as far as local conditions permit.
Nothing in this section shall prevent the District Court from referring—
(o.) A question of local custom to the Majlis-el-Urf for consideration and
report;
(b.) A dispute over accounts between pearling-masters and divers to the Salifah
Court for scrutiny and adjustment;
nor shall prevent the District Court, the Majlis-el-Urf, or the Salifah Court from
referring any matter in the progress of a suit which involves a point of Mahommedan
Law to a Kazi for decision, or from sending any party or witness, being a Mahom
medan, to a Kazi for the administration of an oath,
38.—(1.) The Foreign Jurisdiction (Admiralty)
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
, 1910, shall
apply to Bahrein, and the Chief Court shall have the jurisdiction conferred bv
Article 4 of that Order, and the District Court shall be deemed to be a Provincial
Court, and the Registry thereof a District Registrv within the meanin": of the said
Order.
(2.) Admiralty actions commenced in the said Registry shall be tried in the
District Court, unless the Chief Court is at the time sitting within the limits of this
Order, or unless all parties agree that the action shall be tried in the Chief Court
sitting elsewhere than within the limits of this Order.
(3.) The duties of the Registrar and of the Marshal either of the Chief Court or of
the District Court under the said Order shall be performed by such officers as the
Political Resident
A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency.
shall direct.
89.—(1.) The District Court shall endeavour to obtain, as early as may be, notice
of the deaths of all British subjects or foreigners leaving property in any place
within the jurisdiction of the'Court as prescribed by this Order, and all such informa
tion as may serve to guide the Court with respect to the securing and administration
of their property.
(2.) On receiving notice of the death of such a person, the Court shall put up a
notice thereof at the Court-house, and shall keep the same there until probate or
administration is granted, or, where it appears to the Court that probate or adminis
tration will not be applied for, or cannot be granted, for such time as it thinks lit.
(3.) The Court shall, where the circumstances of the case appear so to require,
as soon as may be, take possession of the property left by the deceased in any place
within the jurisdiction of the Court as prescribed by this Order, or put it under its
seal (in either case, if the nature of the property or other circumstances so require,
making an inventory), and so keep it until it can be dealt with according to law ;
perishable articles being disj^osed of as the Court may consider best in the interests
of the estate.
(4.) .All expenses incurred on behalf of the Court in so doing shall be the (list
charge on the property of the deceased, and the Court shall, by sale of pait of that
propertv, or otherwise, provide for the discharge of these expenses. _ fin
(5.) When a British subject or foreigner dies within the jurisdiction ot the Court
as prescribed by this Order intestate, his property, or so much thereof as is within those
limits, shall, until administration is granted, vest in the lolitical Agent.
40. If a person to whom this Order applies be named executor in a will and to
the establishment of whose title as such it is necessary to obtain probate ot that -uiJ,
take possession of and administers, or otherwise deals with, any part ot the propei ty
of the deceased, and does not obtain probate within one month after the death or after
the termination of any proceeding respecting probate or administration, ie s la k ,
liable to pay double the amount of any fees chargeable on obtaining probate, and he
shall also be liable to a fine which may extend to 1,0U0 mpees
41. If anv person, to whom this Order applies, other than the person named
executor, or the administrator, or a person entitled to represent the G .eccaseJ w ithout
obtaining probate or letters of administration, or an officer of the Comt, talus
possession of and administers, or otherwise deals with, any pait of the P 10 P e ^ ^ 1
deceased, he shall, as soon as practicable, notify the fact and the circumstance^ to the
About this item
- Content
The volume’s correspondence and other papers concern the implementation of an Order of Council in Bahrain. The principal correspondents in the file are the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. and the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in Bahrain, each post being held by a number of different representatives throughout the period covered by the volume.
The first item in the volume is a letter sent from Major Ramsay, British Consul-General in Baghdad, to Major Percy Cox, Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , dated 9 March 1907. The letter concerns the jurisdiction in Bahrain over American citizens based at the American Missionary, particularly in relation to births, deaths and the disposal of estates (folio 1g). This enquiry was symptomatic of raised concerns over where jurisdiction lay in relation to the increasing number of foreign nationals in Bahrain. In a letter dated 6 April 1907 the Bahrain Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Captain Francis Prideaux, wrote to Cox, outlining the judiciary requirement he believed that he, as Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , should have. These included the authority of a district magistrate in criminal matters, consular authority in notarial and shipping duties, and the power of vice-admiralty (folios 3-8).
Application was consequently made for an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Bahrain, via Cox, in his capacity as Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , to the Government of India, the Secretary of State for India, and the Foreign Secretary. In May 1909, John Morley, the Secretary of State for India, wrote to the Governor General of India, stating that, in light of increasing German activity in the Gulf, the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in Bahrain was authorised to approach the ruler of Bahrain, Shaikh ‘Īsá bin ‘Alī Āl Khalīfah, with a view to him ceding responsibility for foreign nationals in his dominions to the British Government (folios 50-52). This responsibility was duly granted to the British (folios 63-64), though not, according to Captain Charles Mackenzie, then Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in Bahrain, without some reluctance on the part of Shaikh ‘Īsá (folios 65-66).
Subsequent correspondence deals with some of the finer points of the wording of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , with particular attention being paid by officials to the status of foreign nationals in Bahrain, including their registration with the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. , and the legal ability to deport them if necessary. A draft copy of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , dated, 1912, is included in the volume (folios 100-112). The unrest and disruption caused by the First World War in the Gulf, repeatedly delayed the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . On 7 May 1917 the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. Captain Percy Loch wrote to the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , Major Arthur Trevor, suggesting that, in view of recent developments in the conflict in Europe, and the entry into the war of the United States of America, the present time might be a prudent one to implement the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . In his letter Loch described how Turkish withdrawal from the Gulf, the independence of Bin Saud [Ibn Sa‘ūd], and formal British relations with the Shaikh of Qatar, would impact upon the treatment of certain foreign nationals in Bahrain (folios 232-35). Trevor rejected Loch’s proposal, and in May 1918, the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Bahrain was postponed once more, until February 1919 (folio 248).
Amongst the discussions over Bahrain’s Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , the appointment of a judicial assistant for the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. was discussed (folios 189-94, 243-44, 249-51), as was the existing khidmah system of revenue collection (a ten per cent judicial fee payable to the Sheikh of Bahrain's treasury). A Statement of khidmah for the years 1912 to 1916 is included on folio 227.
- Extent and format
- 1 volume (258 folios)
- Arrangement
The contents of the volume have been arranged in approximate chronological order, from the earliest items at the front of the volume, to the latest at the end.
- Physical characteristics
Foliation: The volume is foliated from the front cover to the inside back cover, using blue pencil numbers located in the top-right corner of each recto The front of a sheet of paper or leaf, often abbreviated to 'r'. . A few folio numbers, chiefly at the front and end of the volume, are in black pencil. The following foliation anomalies occur: 1a-1g.
The following folios are fold-outs: 60, 226, 227.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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- Reference
- IOR/R/15/2/6
- Title
- 'File A/9 I Bahrain Order in Council'
- Pages
- front, back, spine, edge, head, tail, front-i, 1ar:1gv, 2r:63r, 64r:125v, 126v:258v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence